Common use of LIABILITY AND INSURANCE Clause in Contracts

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Compensation Act 2001. 9.4 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 Xxx 0000 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003Xxxxxxxx Xxx 0000; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Compensation Act 2001Xxx 0000. 9.4 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Recipient must effect and maintain insurance that is adequate to cover its obligations under this Agreement. The Recipient must, on request, provide the Ministry with evidence of its insurance cover required under this clause. 9.2 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 9.3 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 9.4 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 Xxx 0000 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003Xxxxxxxx Xxx 0000; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Compensation Act 2001Xxx 0000. 9.4 9.5 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 9.6 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 9.7 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. . 9.8 The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 Xxx 0000 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003Xxxxxxxx Xxx 0000; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Injury Prevention, Rehabilitation and Compensation Act 2001Xxx 0000. 9.4 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at At Work Act 2015 Xxx 0000 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003Xxxxxxxx Xxx 0000; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Injury Prevention, Rehabilitation and Compensation Act 2001Xxx 0000. 9.4 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 the Details in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Injury Prevention, Rehabilitation and Compensation Act 2001. 9.4 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“lossbasis)(“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 the Details in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 in Employment Xxx 0000 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003Xxxxxxxx Xxx 0000; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Injury Prevention, Rehabilitation and Compensation Act 2001Xxx 0000. 9.4 The Recipient indemnifies the Ministry against against: (a) any taxes, levies, penalties, damages or compensation which the Ministry may be liable to deduct, withhold or pay by reason of the Recipient, or any person used by the Recipient to carry out the Project, being held to be an employee of the Ministry or of the Chief Executive of the Ministry; and (b) any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.

LIABILITY AND INSURANCE. 9.1 The Ministry is not liable for any loss of profit, loss of revenue or other indirect, consequential or incidental loss or damage arising under or in connection with this Agreement. 9.2 The maximum liability of the Ministry under or in connection with this Agreement whether arising in contract, tort (including negligence) or otherwise is the total amount which would be payable under this Agreement if the Project had been carried out in accordance with this Agreement. 9.3 The Recipient (including its employees, agents, and contractors, if any) is not an employee, agent or partner of the Ministry or of the Chief Executive of the Ministry. At no time will the Ministry have any liability to meet any of the Recipient’s obligations under the Health and Safety at Work Act 2015 or to pay to the Recipient: (a) holiday pay, sick pay or any other payment under the Holidays Act 2003; or (b) redundancy or any other form of severance pay; or (c) taxes or levies, including any levies under the Accident Compensation Act 2001. 9.4 The Recipient indemnifies the Ministry against any claim, liability, loss or expense (including legal fees on a solicitor own client basis) (“lossbasis)(“loss”) brought or threatened against, or incurred by the Ministry, arising from or in connection with a breach of this Agreement by the Recipient or the Project, or from the negligence or wilful misconduct of the Recipient, its employees or contractors. 9.5 Where the Recipient is a trustee, the Ministry acknowledges that the Recipient has entered into this Agreement as a trustee of the trust named in Schedule 1 the Details in an independent capacity without any interest in any of the assets of the trust other than as trustee. Except where the Recipient acts fraudulently, the Recipient is liable under this Agreement only to the extent of the value of the assets of the trust available to meet the Recipient’s liability, plus any amount by which the value of those assets has been diminished by any breach of trust caused by the Recipient’s wilful default or dishonesty. 9.6 The Recipient must effect and maintain for the term of this Agreement: (a) adequate insurance to cover standard commercial risks; and (b) other insurance reasonably required by the Ministry. The Recipient must, upon request by the Ministry, provide the Ministry with evidence of its compliance with this clause.